Friday, November 12, 2004

MICROSOFT INDEMNIFICATION PLEDGE - THE FINE PRINT: With Microsoft pushing its indemnification of end users, it appears that the devil is in the details - some fine print in the agreements may make users a little wary about how much protection is really offered. Some clauses defining the scope of protection are certainly troublesome:

Our obligations will not apply to the extent that the claim or adverse final judgment is based on:

(i) your running of the covered software after we notify you to discontinue running due to such a claim;

(ii) the combination of the covered software with a non-Microsoft product, data, or business process;

(iii) damages attributable to the value of the use of a non-Microsoft product, data, or business process;

(iv) your altering the covered software;

(v) your distribution of the covered software to, or its use for the benefit of, any third party;

(vi) your use of our trademark(s) without express written consent to do so; or

(vii) for any trade secret claim, your acquiring a trade secret (a) through improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a person (other than us or our affiliates) who owed to the party asserting the claim a duty to maintain the secrecy or limit the use of the trade secret. You will reimburse us for any costs or damages that result from these

Worth a second look indeed.

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